Answer

Is Kirschenbaum & Phillips legit -- and how should I handle them?

Yes -- Kirschenbaum & Phillips, P.C. is a legitimate debt-collection law firm, not a scam. It is a high-volume New York firm (Long Island area) that files collection lawsuits on behalf of creditors and debt buyers; after a merger with the Peter T. Roach practice, some paperwork may read "Kirschenbaum, Phillips & Roach," so match the account, not the exact name. The most important thing to know is that a law firm can file a lawsuit, so the danger is ignoring it, not the firm being fake. Two New York-specific points protect you. First, always confirm you were actually and properly served -- New York collection cases have a documented history of improper or defective service, so check the court docket yourself rather than assuming a phone call or a letter is the whole story. Second, being represented by attorneys does not exempt the firm from the Fair Debt Collection Practices Act, so you keep your validation and dispute rights. If you are served with a summons and complaint, file a written answer by your court's deadline; ignoring it usually leads to a default judgment, which can enable wage garnishment or a bank levy. Demand written validation, ask the firm to name the original creditor, and check the statute of limitations, because a payment or a written promise can restart the clock. If the plaintiff is a debt buyer rather than the original creditor, make it prove it actually owns your account -- the chain of title -- since charged-off debt is bought and resold with frequent documentation gaps. If the balance is validated, the plaintiff's ownership is confirmed, and the debt is genuinely yours, unsecured debt is negotiable -- settle in writing and get the terms in writing before you pay.

DW
By Dana Whitfield — Personal finance writer

A summons or letter from "Kirschenbaum & Phillips" is alarming because it comes from a law firm. The short version: it's a real New York firm, not a scam. The version that helps you is that a law firm can sue, so the mistake to avoid is ignoring court papers -- and in New York, confirming you were properly served matters.

Short answer

Yes, Kirschenbaum & Phillips is legit -- a high-volume New York debt-collection law firm. Confirm you were properly served, file a written answer by the deadline, demand validation, and if a debt buyer is the plaintiff, make it prove it owns your account.

Who they are

Kirschenbaum & Phillips, P.C. is a law firm that collects debts in New York, filing suits for creditors and debt buyers. After a merger with the Peter T. Roach practice, you may also see "Kirschenbaum, Phillips & Roach." Because it's collecting a debt, it's still bound by the FDCPA -- attorneys are not exempt.

Confirm you were properly served

New York collection cases have a documented history of improper or defective service, so don't assume a call or letter is the whole story. Check the court docket yourself to confirm a real case exists and that you were actually served -- defective service can be a defense.

Is it a scam?

No -- it's a real law firm. But impostors impersonate law firms and demand gift cards or wires with threats of immediate arrest; a real firm serves court papers through the court and takes traceable payment. Confirm any lawsuit through the actual court docket.

How to deal with them

If the balance is really yours

Once the debt is validated, the plaintiff's ownership is confirmed, and the balance is genuinely yours, unsecured debt is negotiable -- settle in writing and get the terms in writing before you pay. A settled balance of more than $600 may generate a 1099-C. Keep proof. Rules and timelines vary by state.

This page is general information, not legal or financial advice. Your rights and timelines vary by state; consider consulting a qualified attorney, legal aid, or your state attorney general's office.